Neutral Citation No. ( 2025:JHHC:38372 ) --1-- A.B.A. No. 5241 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5241 of 2025 ---- 1. Om Mishra @ Om Kumar Mishra, aged about 22 years, Son of Manoj Kumar Mishra, Resident of Road No. 6, Near Lakdiya Bagan Mandir, Bagbera Colony, P.O. & P.S. Bagbera, Town Jamshedpur, District-East Singhbhum, Jharkhand. 2. Arpan Kumar @ Arpan Singh, aged about 23 years, Son of Ranjeet Prasad Singh, Resident of Patanjali Arogya Kendra, Harharguttu Near TRF Colony, P.O. & P.S. Bagbera, Town Jamshedpur, District-East Singhbhum, Jharkhand. .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Saurabh Shekhar, Advocate :- Mr. Anjani Kumar, Advocate For the State :- Mr. Rajesh Kumar, A.P.P. (through V.C.) ---- 03/20.12.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Adityapur P.S. Case No. 01 of 2025, for the alleged offence registered under Sections 103/3(5) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of learned Chief Judicial Magistrate, Seraikella. 3. Learned counsel appearing for the petitioners submits that in the FIR, allegation is made that on the eve of new-year, one XUV occupied by the persons has indulged into altercation with the rider of the motorcycle who was taken to the TMH Hospital for treatment and subsequently died. Neutral Citation No. ( 2025:JHHC:38372 ) --2-- A.B.A. No. 5241 of 2025 4. He next submits that police has investigated the area where the incident took place and tried to find out the things from the local shop-keepers and even the CCTV footage was examined but nothing has come in the CCTV footage. 5. He next submits that during the course of the investigation, the informer of the police informed that one XUV having the black tag line is involved and in pursuant to that the said XUV has been seized. 6. He further submits that in paragraph 94 of the case diary, it has been stated that petitioner no. 2 is the son of the owner of the XUV, and he used to drive the said XUV. He next submits that so far as the petitioner no. 1 is concerned, he is the friend of the petitioner no. 2. 7. He further submits that only on suspicion, the name of the petitioners has come, however, the name of the petitioners is not disclosed in the FIR and so far as the line of argument of CCTV is concerned, it has been recorded in paragraph 12 of the case diary that nothing has come in the CCTV footage. On this ground, he submits that petitioners may kindly be granted anticipatory bail. 8. Learned counsel appearing on behalf of the State opposes the prayer and submits that the witnesses have supported the prosecution case and even the mother of petitioner no. 1 in paragraph no. 99 has stated that his son was upset on that day and has disclosed that an altercation took place. 9. In light of above submission of learned counsel for the parties and reading of the contents of the FIR, it transpired that the petitioners are not named in the FIR, even the number of the XUV is Neutral Citation No. ( 2025:JHHC:38372 ) --3-- A.B.A. No. 5241 of 2025 not stated in the FIR. It is alleged that on the eve of new-year, the altercation took place between the motorcycle rider and the persons who were sitting in the XUV. In paragraph 12 of the case diary, it has come that in the CCTV footage, nothing has been found and even the shopkeepers have not been able to say anything about the said incident. In paragraph 94 of the case diary, it transpires that informer of the police has stated about the XUV and driving of the said vehicle by the petitioner no. 2 and Petitioner no. 1 happens to be the friend of petitioner no. 2. 10. It appears that on suspicion, the petitioners have been implicated in this case, I am inclined to grant anticipatory bail to the petitioners. 11. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Seraikella in connection with Adityapur P.S. Case No. 01 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Rashmi/ 20.12.2025 Uploaded on